Swift v. Continental Insurance Co.

GAUDIN, Judge.

The primary issue in this somewhat complex litigation is the possible negligence of Bernard J. Bailey, who was driving his pickup truck within the speed limit on a clearly favored roadway when confronted by another pickup truck that ran through a stop sign and was suddenly in his path. The vehicles collided.

Mr. Bailey had been proceeding on U.S. Highway 90 while the other pickup, driven by John Wisotzkey, was on Louisiana Highway 443. The accident occurred just before dawn in an area of patchy fog.

The trial judge determined that Mr. Bailey was negligent in driving too fast under…